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2025 DAILYLAW 139214 (ALL)

RAMA NISHAD v. STATE OF U.P. THRU. PRINCIPAL SECRETARY HOME LKO

BAIL/3985/2025 · 2025-05-08

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27029 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3985 of 2025 Applicant :- Rama Nishad Opposite Party :- State Of U.P. Thru. Principal Secretary Home Lko Counsel for Applicant :- Virendra Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Virendra Mishra, learned counsel for the applicant, Sri Ajeet Singh, learned Counsel for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 465 of 2024, under Sections 85, 80(2) B.N.S. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Rampur Mathura, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.12.2024 against the applicant, his wife and his son stating that the informant had got his daughter married to the applicant's son co-accused Sriman about one and half years ago. All the accused persons used to harass her for demanding dowry and on 24.12.2024 the informant received an information that his daughter had committed suicide by hanging herself. 4. The postmortem examination report mentions an oblique ligature mark around the neck of dead body passing obliquely upwards and backwards with a gap of 6.5cm present on right side of neck and the cause of death has been opined to be asphyxia due to ante mortem hanging. 5. In the affidavit filed in support of bail application it has been stated that the applicant is an old person aged 62 years, he is innocent, he has been falsely implicated in the present case and he has no criminal history. 6. The Counsel appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a copy of charge sheet which has been submitted on 04.02.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the deceased died due to hanging and besides a ligature mark around her neck no other injury has been found on her body; that the F.I.R. levels general allegations against all the accused persons and no specific role has been assigned to the applicant; that the applicant is an old person aged 62 years having no previous criminal history and he is languishing in jail since 04.01.2025 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Rama Nishad be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 8.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench